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Overdrawn Checking Account While Outside of the U.S.

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  • 10-29-2012, 04:47 AM
    gangnamstyle
    Overdrawn Checking Account While Outside of the U.S.
    My question involves collection proceedings in the State of: Texas

    I have an M1 visa and have been living in India for the past 3 years. I came back here after my school shut down and I had no time to transfer. After the time I came back here, I got an email from a prepaid phone card service I used in the USA that my automatic payment had been denied due to addresses on my account not matching the address with the calling card company.

    This made me lookup my bank account -I hadnt frozen any activity on it or closed it, unaware that automatic subscriptions would continue being allowed even though there was no balance in the account - and it was -2000$ due to automatic renewals of various subscriptions, etc.

    Since I am no longer in the states, I dont know if the bank of america sent me anything by post, but they didnt email me anything about the negative balance either(my email was on my netbanking details). Once I ordered checks through the bank (over 3 years ago), and they did all the correspondence via email, so I am wondering if they would contact me in this case or not? Also, when I opened the account, they had a copy of my passport,address in India, and emergency contact (phone number in India), but I havent heard from them here either.

    The bank's newsletters, etc. to me stopped about the same time I left the US (3 years ago) and unknowingly did not close my account. Since then there has been no emails from their side to me. The debit card for that account expired a few months ago (this year).

    I now have a new passport but am planning to enter the USA based on my visa in the old passport to finish up my course. Will I face trouble at the airport when I land? Can I be denied entry or asked to pay a fine on the spot? Is it possible I am in chex systems? Will that cause an issue on my arrival?
  • 10-29-2012, 05:04 AM
    Dogmatique
    Re: Non-Immigrant Overdrawn Checking Account
    Assuming there is no fraud issue, debt is considered to be a civil matter, not a criminal matter.

    It should not affect your ability to enter the US provided you are entering legally (with a visa).
  • 10-29-2012, 05:14 AM
    gangnamstyle
    Re: Non-Immigrant Overdrawn Checking Account
    Domatique, thank you.

    How do I know there is no fraud issue? Any way to check up on that?

    Also, should I order a chexsystems report? will that help?

    My visa is still valid, plus I have a new I-20 and have paid SEVIS fees. I dont see any issues with the entry, although since I am coming for pilot's license, background checking may be extensive?
  • 10-29-2012, 05:23 AM
    Dogmatique
    Re: Non-Immigrant Overdrawn Checking Account
    Well, here's an example of what might be considered fraudulent:

    You obtain a credit card and very quickly max it out without having any intention of repaying. That sort of thing, y'know?

    Yes, if you're coming here for a pilot's license you may find the background check more extensive, but I cannot say for sure whether or not having bad credit will be an issue.

    Next time though? Cancel those subscriptions! :)
  • 10-29-2012, 06:04 AM
    gangnamstyle
    Re: Non-Immigrant Overdrawn Checking Account
    Thank you again Dogmatique.

    Is there any way for me to establish that I did not intend to commit any type of fraud? Would a chexsystems report help or is that for residents only?
  • 10-29-2012, 06:08 AM
    Dogmatique
    Re: Non-Immigrant Overdrawn Checking Account
    All chexsystems does is provide a report of transactions; it won't help establish guilty or innocence or anything of that nature.

    You don't have to worry about fraud unless it actually becomes an issue.
  • 10-29-2012, 07:09 AM
    gangnamstyle
    Re: Non-Immigrant Overdrawn Checking Account
    Dogmatique, thank you very much again.

    Is there any way for me to find out before if there is any consideration of fraud or criminal charge against me due to this? Reason I ask is because one person told me Bank of America may file a misdemeanor because the amount is $2000. In that case I could face arrest at the port of entry.
  • 10-29-2012, 10:23 AM
    Mr. Knowitall
    Re: Non-Immigrant Overdrawn Checking Account
    If you're worried about your bank taking action against you, the solution is easy: Pay them the money you owe to them. If you have not done so already, you will want to cancel the accounts resulting in continued charges, and let your bank know that you're rescinding their authority to make additional charges.
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